IPC Section 123 and BNS Section 150: Concealing a Design to Wage War

Section 123 of the Indian Penal Code, 1860 penalised concealing a design to wage war against the Government of India when the concealment is intended, or known to be likely, to facilitate such war. The corresponding current provision is Section 150 of the Bharatiya Nyaya Sanhita, 2023 (BNS).

Definition and statutory text of IPC Section 123

The heading of Section 123 IPC is "Concealing with intent to facilitate design to wage war". Its operative rule is:

Whoever by any act, or by any illegal omission, conceals the existence of a design to wage war against the Government of India, intending by such concealment to facilitate, or knowing it to be likely that such concealment will facilitate, the waging of such war, shall be punished with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine.

This provision addresses concealment that facilitates a plan to wage war. It is distinct from the actual waging of war and from collecting arms or other preparations for war.

BNS Section 150: Corresponding law in force

Section 150 of the Bharatiya Nyaya Sanhita, 2023 is also titled "Concealing with intent to facilitate design to wage war". It substantially retains the ingredients and punishment formerly contained in IPC Section 123. The provision applies where a person conceals a design to wage war against the Government of India by an act or illegal omission, with the intention of facilitating the war or knowledge that concealment is likely to facilitate it.

See the official BNS chapter text published by the National Crime Records Bureau, the official IPC-to-BNS correspondence table and the Bharatiya Nyaya Sanhita, 2023 (Act 45 of 2023).

Essential ingredients of the offence

1. Existence of a design: There must be a design or plan to wage war against the Government of India.
2. Concealment: The accused must conceal that design through a positive act or an illegal omission.
3. Required mental element: The accused must intend the concealment to facilitate the waging of war, or know that it is likely to do so.
4. Connection with waging war: The design must concern waging war against the Government of India, not merely an ordinary offence or peaceful political opposition.

The prosecution must prove the relevant elements beyond reasonable doubt. Whether a failure to disclose information constitutes an illegal omission depends on the existence of a legal duty and the facts of the case. Mere suspicion or accidental lack of disclosure is not, by itself, enough to establish this offence.

Punishment and procedural classification

The prescribed punishment under both IPC Section 123 and BNS Section 150 is imprisonment of either description for a term extending up to ten years, with liability to fine. The section does not prescribe a mandatory minimum term.

Procedural treatment depends on the law applicable to the proceedings and any valid jurisdiction-specific modifications. Consult the official India Code portal for the BNSS and its First Schedule.

Illustrations of how the provision operates

Example 1: A person knowingly hides communications concerning a concrete design to wage war, intending to help the participants avoid detection. If the other legal ingredients are proved, Section 150 may be attracted.

Example 2: A person merely learns of a rumour about an unspecified violent incident and does not report it. That fact alone does not establish a design to wage war, an illegal omission or the required intent or knowledge under Section 150.

These are explanatory examples, not statutory illustrations or findings about any actual case.

How Section 150 differs from related offences

Interpretation and evidentiary considerations

The expression waging war is a serious legal concept and does not encompass ordinary dissent, criticism of the Government or peaceful demonstrations. In a prosecution under this provision, evidence concerning the alleged design, the accused's knowledge, the manner of concealment and its intended or likely effect must be assessed together. Electronic records, communications and other evidence are subject to applicable evidentiary rules, including the Bharatiya Sakshya Adhiniyam, 2023 where applicable.

For the surrounding criminal-law framework, see IPC Section 120A on criminal conspiracy and IPC Section 120B on punishment for criminal conspiracy.

Frequently asked questions

Official legal sources

• NCRB / Ministry of Home Affairs: BNS statutory chapters
• NCRB: IPC and BNS corresponding sections
• India Code: Bharatiya Nyaya Sanhita, 2023
• India Code: central legislation and updated texts

This article provides general legal information. Statutory amendments, commencement notifications, transitional provisions and binding judicial interpretations should be verified for a particular matter.